UN Committee Condemns Afghanistan Decree That Legitimises Child Marriage

Human rights experts warned that the measure is part of a broader pattern of restrictions targeting girls and women in Afghanistan since the Taliban returned to power in 2021.

The United Nations Committee on the Rights of the Child has strongly condemned a new decree issued by Afghanistan's de facto authorities that effectively legitimises child marriage and allows a girl's silence to be interpreted as consent to marriage.

In a sharply worded statement, the Committee described the measure as a grave and systematic violation of international human rights law and warned that it represents a serious threat to the rights, safety, and future of Afghan girls.

The criticism centres on Decree No. 18 (2026), which separates girls who have reached puberty and are married into a distinct category and uses that distinction to legitimise marriage upon the onset of puberty. The decree further provides that a girl's silence after reaching puberty may be treated as consent to marriage.

The Committee said the decree directly conflicts with international legal standards protecting children and undermines Afghanistan's obligations under the Convention on the Rights of the Child and its Optional Protocols.

Human rights experts warned that the measure is part of a broader pattern of restrictions targeting girls and women in Afghanistan since the Taliban returned to power in 2021.

Child Marriage Recognised as a Human Rights Violation

The Committee emphasised that child marriage remains one of the most harmful practices affecting children worldwide and constitutes a violation of multiple internationally recognised rights. According to international standards, child marriage is defined as any marriage in which at least one party is under the age of 18. The Committee referred to its joint General Recommendation with the UN Committee on the Elimination of Discrimination against Women, which states that child marriage should be regarded as a form of forced marriage because children are not capable of providing full, free, and informed consent.

"Child marriage, where at least one party is under 18, constitutes a harmful practice and as a form of forced marriage, given that children inherently lack the capacity to give full, free and informed consent to marriage," the Committee reiterated.

Human rights advocates have long argued that children, regardless of physical development, do not possess the maturity, legal understanding, or independence necessary to make decisions about marriage.

The Committee stressed that international law clearly recognises childhood as extending until the age of 18 unless otherwise defined by national law in a manner consistent with human rights obligations.

Puberty Cannot Be Used to Justify Marriage

A central concern raised by the Committee is the decree's reliance on puberty as a basis for marriage eligibility. The experts rejected the notion that physical development can be used to determine adulthood or legal capacity. "Puberty cannot be considered a basis for adulthood or legal capacity to marry," the Committee stated.

According to child rights experts, linking marriage eligibility to puberty creates significant risks for girls because puberty often occurs well before adulthood and does not indicate emotional maturity, informed decision-making ability, or readiness for marriage. The Committee described the decree's provisions as wholly incompatible with the Convention on the Rights of the Child.

International human rights organisations have consistently argued that legal systems allowing marriage based on puberty rather than a minimum age expose children to abuse, exploitation, and lifelong disadvantages. The UN body warned that the decree effectively institutionalises practices that the international community has worked for decades to eliminate.

Silence Is Not Consent

One of the most controversial aspects of the decree is the provision stating that a girl's silence after reaching puberty may be interpreted as consent to marriage. The Committee strongly criticised this measure, arguing that genuine consent must be freely given, informed, and explicitly expressed.

Human rights experts note that silence can never be considered a reliable indicator of agreement, particularly in situations involving children, unequal power relationships, family pressure, or cultural expectations. By treating silence as consent, the decree risks enabling forced marriages while removing essential safeguards designed to protect children from coercion.

The Committee warned that such provisions fundamentally undermine children's rights and autonomy. Critics argue that the policy ignores the reality that many girls may feel unable to object openly due to fear, pressure from family members, or social consequences.

Serious Risks for Girls

The Committee highlighted the wide-ranging harms associated with child marriage, many of which have been documented through decades of international research. "Child marriage constitutes not just a harmful practice but a fundamental violation of rights," the experts said.

According to the Committee, girls who marry as children face significantly increased risks of physical, emotional, educational, and economic harm. These risks include exposure to violence and exploitation, early and forced pregnancy, higher maternal health complications, interrupted education, social isolation, and long-term psychological trauma.

Child marriage is also associated with reduced economic opportunities and lower lifetime earnings, contributing to cycles of poverty that can persist across generations. Humanitarian organisations have repeatedly warned that child marriage often strips girls of their ability to make decisions about their own lives and limits their future opportunities. "Any legal framework that normalises or facilitates the marriage of children violates their rights, undermines their inherent dignity and deprives them of their autonomy and future opportunities," the Committee stated.

Part of a Wider Pattern of Restrictions

The Committee expressed concern that the decree is not an isolated measure but forms part of a broader pattern of policies that have systematically restricted the rights of girls and women in Afghanistan. Since the Taliban's return to power, numerous restrictions have been imposed affecting education, employment, public participation, and personal freedoms. Among the most widely criticised measures are bans preventing girls from attending secondary schools and universities.

The Committee noted that these restrictions have already had profound consequences for millions of Afghan girls. "These measures have deprived millions of Afghan girls of their fundamental rights, weakened their future economic and social participation, and deepened poverty and inequality across the country," the experts said.

International agencies, including the United Nations, have repeatedly warned that excluding girls from education not only violates human rights but also undermines long-term national development. Education is widely recognised as one of the most effective tools for reducing poverty, improving health outcomes, and promoting gender equality.

International Concern Continues to Grow

The latest decree has intensified international concern about the direction of human rights protections in Afghanistan. Governments, human rights organisations, and UN agencies have repeatedly called on Afghanistan's de facto authorities to uphold international legal obligations and reverse measures that discriminate against women and girls. The Committee's statement reflects growing frustration within the international community regarding continued restrictions on fundamental freedoms.

Human rights advocates argue that legalising child marriage and limiting access to education create barriers that will affect generations of Afghan girls. They warn that these policies risk further isolating Afghanistan internationally and worsening existing humanitarian and development challenges.

UN Calls for Immediate Repeal

The Committee concluded its statement by calling on Afghanistan's de facto authorities to immediately repeal all measures that violate children's rights. The experts urged authorities to adopt clear and enforceable protections against child marriage and restore the rights of girls to education, equality, and participation in society.

Specifically, the Committee called for the unequivocal prohibition of child marriage and the restoration of access to secondary and higher education for girls. The experts emphasised that Afghanistan remains bound by its obligations under international human rights law, including the Convention on the Rights of the Child and its associated protocols.

Protecting the Future of Afghan Girls

The UN Committee's condemnation highlights the continuing global debate over child rights, gender equality, and the protection of vulnerable populations in conflict-affected countries. Human rights advocates maintain that safeguarding girls from child marriage is essential not only for protecting individual rights but also for promoting social stability, economic development, and public wellbeing.

As international scrutiny intensifies, pressure is likely to continue mounting on Afghanistan's de facto authorities to reverse policies viewed as incompatible with international law. For millions of Afghan girls, the outcome of that debate will have profound implications for their education, personal freedom, health, and future opportunities.